Middlesex County Prosecutor Bruce Kaplan announced that the case was closed. He declined to elaborate, but lawyers involved in the case said it was terminated without being brought before a grand jury.
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The 25-year-old student alleged she was assaulted by several men, including one or more off-duty troopers, at the Ewing Township home of one of the officers after a night of drinking in a Trenton nightclub.
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Kaplan declined any comment, citing concerns for privacy and fairness and the possibility that the State Police will bring administrative charges against the troopers.
Fahy said he anticipates the troopers will face an internal investigation, though they are planning to return to work Monday. In a joint statement, he and the lawyers for the other six troopers cited the prosecutor's decision as vindication.
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Dershowitz said the victim is considering whether to file a civil lawsuit or a civil rights complaint with the U.S. Attorney's Office. That decision should be made within coming weeks, he said.
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"If you get somebody drunk or you take advantage of somebody who's drunk, there's a lack of consent," he said. "I understand that it's a tough case to prosecute, but that doesn't mean that tough prosecutors don't know how to do it."
Everthing NJ"
any sufficiently motivated prosecutor could put
anyone in prison for the violation of some federal law."
Robert Jackson, US Attorney General, made a famous speech almost 70 years ago that included the following remarks:
The prosecutor has more control over life, liberty, and reputation than any other person in America.
His discretion is tremendous.
The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial.
He may dismiss the case before trial, in which case the defense never has a chance to be heard.
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While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.